PBT and Drunk in Public Charge in Virginia

A Drunk in Public charge in Virginia under Va. Code §18.2-388 criminalizes being intoxicated in public.  It does not take much to be convicted of a Drunk in Public charge in Virginia.  If you are wondering about the relationship between a PBT and Drunk in Public charge in Virginia, read the post below.

PBT and Drunk in Public Charge in Virginia

Intoxication is a condition in which a person has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior.  An odor of alcohol, by itself, is not enough to convict someone of being drunk in public in Virginia,  However, an odor of alcohol combined with other factors listed above could be sufficient for a conviction.  A person can be intoxicated from consuming either alcohol, drugs or both-even a prescription.

A PBT is Not Required For a Drunk in Public Conviction in Virginia

Contrary to popular belief, the police do NOT need evidence from a PBT (preliminary breath test), Breathalyzer Test, or any other scientific test to convict someone of a Drunk in Public charge in Virginia.  The Commonwealth need only establish that the person consumed alcohol, drugs, or both, and that consumption observably affected his manner, speech, disposition, muscular movements, general appearance or behavior.

Definition of Public

Public means any place in open view and visible to the public, including the offender’s own property.

Penalty for Drunk in Public Charge in Virginia

A Virginia Drunk in Public charge is a Class 4 misdemeanor.  It is punished with a fine up to $250 and anyone convicted cannot obtain a concealed carry permit for at least 3 years.  If the person has a concealed carry permit, it must be forfeited after a conviction for a Drunk in Public charge in Virginia.

Additionally, even though it is not punished with jail time, a conviction will remain on the offender’s permanent criminal record and can never be expunged.

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